Non-Incidence of Disregard of Legal Personality in the Judicial Recovery Process

By: Vitor Ferrari and Ivan Kubala In order to protect economic activity, job creation and the social function of companies, the legislator chose to create means of protection for companies undergoing recovery that are in economic difficulties and also to ensure that their creditors receive what is rightfully theirs. Among them, […]

Judicial Observers in Judicial Recovery

By: Vitor Ferrari and Ivan Kubala With the approval of the request for judicial recovery by the judge, the company is obliged to prepare a judicial recovery plan to pay its creditors within 60 days, which, if approved by the General Creditors’ Meeting, begins to be put into practice. In order to monitor the […]

Alternative plans in the bankruptcy process.

By: Vitor Ferrari, Ivan Kubala. It has become commonplace to see creditors or even debtors presenting plans to direct the liquidation of assets or reorganize payment methods within bankruptcy proceedings. After the change in law 11.101/05, the ultimate goal of bankruptcy becomes the rapid liquidation of companies whose business activity […]

Multinational transport company suffers hacker attack

By: Leonardo Neri A young hacker ended up invading Uber’s private system in September, sending a note to the Messaging Service (Corporate Slack) vehemently announcing the invasion. Initially, the Startup’s employees imagined the message as a test by managers in order to understand the form of action, as it was also understood as a joke between […]

Types of Creditors and Credits in Judicial Recovery

Por : Vitor Ferrari e Ivan Kubala Em um processo de recuperação judicial, é praticamente certo que a recuperanda terá uma multiplicidade de credores, que certamente irão de seus funcionários até seus fornecedores, além, claro de trabalhadores autônomos por ela contratados. Para dar prosseguimento ao processo de recuperação judicial, sua função é criar um plano […]

Changing the Quorum for deliberations in Limited Companies may require revisions to shareholder agreements.

By: Antonio Mazzucco, Luiz Doles and Fernanda Lazzarini On September 22, 2022, Law 14,451/22 was published, which changes the minimum quorum provided for in the Civil Code for deliberations in limited liability companies, under the justification of streamlining the appointment of non-partner administrators as well as other aspects related to their performance. In addition, there was also […]

M&A and Judicial Recovery

Por: Vitor Ferrari e Ivan Kubala O mercado de compra e venda de empresas (mais conhecido como M&A) está aquecido e na recuperação judicial existem oportunidades de negócios com valores atrativos e que garantem maior segurança aos interessados em aquisição de ações ou ativos de uma determinada companhia ou de um grupo econômico. Isto porque […]